Is the current state of the law satisfactory in the way it deals with the right to claim in tort or contract for pure economic l - Essay Example

Author Tutor Course Date Introduction The broad range of claims for misrepresentations in tort and contract law possess the capability to provoke a lot of people to have the opinion that damages are too far easily recoverable, and the form of damages overlie and contradict one another…

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Damages delivered for negligent misrepresentation are especially prominent and examines whether the law’s stance on damages for misrepresentation is satisfactory, or unnecessarily contradictory. This paper explores these queries and ultimately demonstrates that the present forms of misrepresentation are unique, complementary, and rational. The court may sometimes decline to find a duty in tort in cases where parties are within a contractual relationship or may hold that a term of a contract has barred or limited what would be a tortuous duty, pre-contractual events such as misrepresentation may give rise to an action in tort. Moreover, it is apparent that, in numerous cases exhibited by negligent failure by professionals to perform their undertakings as per the expectations of their clients, a defendant may be legally responsible for the same claimant in both tort and contract (Wright 22). Voluntary Assumption of Liability A blanket denial of liability can be considered improper, and the law remain engaged in pursuit of a new basis of practical, limited liability in tort for the incurred losses. The English Law seeks the means to limit liability in Negligence in which, under the initial design of this tort would only hinge on proof of foreseeable harm. Within the English law, the notion of assumption of liability is now expressly utilized as an autonomous basis for a Duty of Care in Negligence (Mulcahy and Tillotson 7). Voluntary assumption of liability details the notion that naturally belongs to the prefecture of the law of contract and forms the foundation of contractual liability. Whereas it is apparent that it is difficult to have a contract devoid of assumption of liability by the parties, the contrary is not obvious as the law should only award effect to an assumption of liability in case there is an enforceable Contract (Mulcahy and Tillotson 8). Allowing for the assumption of liability to operate as the grounds for extra-contractual liability can remedy the injustice. Moreover, although, the parameters detailed in the formation of a valid Contract are reasonably wide the restrictions obliged within a legal system on liability in Tort (limitation of claims in time and narrowly defined vicarious liability) may not permit the fair treatment of claims emanating out of direct dealings between the parties within circumstances in which a valid contract cannot be interfered (Wright 23). The assumption of liability may be employed as the grounds of extra-contractual liability so as to avail a means of limitation of liability for complex forms of negligent harm. The notion of assumption of responsibility as the grounds for extra-contractual, first came into manifestation within the English law in line with claims for compensation of forms of non-intentional harm such as pure economic loss. These forms of harm are complex to compensate, and the main difficulty emanates from serious policy objections to the compensation, grounded on their possibility of lack of specificity creates a risk of liability beyond what the courts can practically oblige the defendant and society to honour in absorbing the losses (Nicholas 417). Background The law of negligence can be considered as a reasonably recent development of the English Law. The notion of voluntary assumption of responsibility outside a Contract first gained prominence in English law in connection with claims regarding the claims for the compensation of
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Definition of privacy. What constitutes individual’s right to privacy and when invasion occurs. 2. An interest for tort law to protect the privacy of individuals Tort law protection in relation to privacy of individual. Means of achieving individual privacy through tort law.

The essay starts by defining the meaning of key concepts which are tort of negligence as a way of attempting to gain a clear understanding of the whole scenario. The main discussion will be centred on the discussion of the facts surrounding the case and the extent to which duty care can be established in the tort of negligence.

In this case, Mr Jones sustained an injury as a result of an accident at his workplace on 13th of September 2010. He works for Cwmfelin University as a maintenance man. Whilst he was walking down some stairs at the University on the day in question, he lost his footing on a loose step and lost balance which subsequently resulted in the injury.

Generally speaking, if the economic loss is relatable to damage to the plaintiff or the plaintiff’s property, it could be properly construed as consequential loss which could be recovered positively based on the facts of the case. The application of the concept of pure economic loss has been very limited in the English legal landscape, and restricted mostly to fatal accidents; for instance, the economic consequence of loss of life of the breadwinner in a family caused by an accident due to negligence.

It had been the practice to consider the law of contract as a means of promoting voluntary choice. As a consequence, it was unacceptable to contend that a contract could be imposed. It was also, believed that no contractual obligation could be non – consensual or involuntary.2 Thus, a clear limit was believed to persist between the law of tort and the law of contract.

The researcher of the essay states that under the tort law, if anyone suffers a legal, economical or physical harm, she or he may be entitled to file a suit which when considered to be valid. Issues of nuisance, the issues arising in form of liability in the tort of negligence and causation are mentioned in the essay.

In other terms, tort refers to a collection of rights, responsibilities and remedies applicable in the justice system, more so in civil lawsuits to compensate and relieve those affected or harmed by the wrongful actions or omissions by others1. Those who sustain injuries or losses due to tortious conducts are referred to as plaintiffs while those responsible for the injuries and are liable for the damages are referred to as defendants or tortfeasors2.

However, unlike physical injury which is witnessed physically and can be identified through medical reports and other things, psychological injuries are emotional and individual-based. A person who goes through them cannot show much proof. Thus, there is a challenge in defining the extent of psychological damage or injuries that a person goes through.

There was a notice which said "All activities undertaken at your own risk." The boys, accompanied by Potter went to a cafe, owned by "Thrills and Spells", for lunch. The floor was unfinished and several rolls of linoleum were lying around. Edmund, one of the pupils, tripped over a roll of linoleum, hurt his head and became unconscious.

In ruling for the claimant, the court stated that the BBC, as employer, had assumed responsibility for the health and safety of freelancers when they work on BBC productions. Since the safety crew had identified a risk of the falling mast, a discussion before filming should have been made to warn the crew not to go beneath it.

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